LexisNexis® Legal Newsroom
Expert: Almost 90% of EB-5 Investors from China

China Daily, Mar. 9, 2016 - "Investors from China currently account for almost 90 percent of all EB-5 investors," Stephen Yale-Loehr, a law professor at Cornell University , told China Daily. ... Originally, few people immigrated to the U.S. using EB-5. As late as 2008, only 1,000 people a...

Expert: EB-5 Investor Visa Applications Surge

China Daily USA, Mar. 29, 2016 - "The EB-5 program received applications from 17,691 investors in 2015, up from 11,744 in 2014 and 6,554 in 2013, according to the US Citizenship and Immigration Services (USCIS). "(USCIS) announced last week that the number of EB-5 petitions currently pending...

SEC Case Freezes Assets of Ski Resort (Jay Peak) Steeped in Fraudulent EB-5 Offerings

SEC, Apr. 14, 2016 - "The Securities and Exchange Commission today announced fraud charges and an asset freeze against a Vermont-based ski resort and related businesses allegedly misusing millions of dollars raised through investments solicited under the EB-5 Immigrant Investor Program. The SEC’s...

LexisNexis Expert Author Stephen W. Yale-Loehr: Congress Should 'Mend, Not End' EB-5 Investor Visa Program

Cornell Law professor Stephen W. Yale-Loehr , co-author of the 'bible' of immigration law, Immigration Law & Procedure , recently commented on challenges to the EB-5 investor visa program: "Yale-Loehr acknowledged that there are opportunities for abuse, but he said oversight has improved...

Angelo A. Paparelli: All Checks but No Balances — The Systemic Failure to Protect EB-5 Investors

Angelo A. Paparelli, June 24, 2016 - "Several widely-publicized actions by the Securities Exchange Commission (SEC), and the inevitable litigation that has piled on in consequence, have pressure-tested the EB-5 ecosystem and found it defective. Simply stated, the system too likely and too often...

News Excerpts From the July 1, 2016, Bender’s Immigration Bulletin

Colorado Repeals Employment Verification Requirement | On June 8, 2016, Colorado Gov. John Hickenlooper signed a bill (House Bill 16-1114) repealing a state requirement that employers maintain a separate affirmation form and retain copies of documents presented when newly hired employees complete...

Wolfsdorf on Minors as Primary EB-5 Applicants

Bernard P. Wolfsdorf , Esq. and Joseph M. Barnett, Esq., June 27, 2016 - "This article should be read together with the blog co-authored with Catherine DeBono Holmes , Esquire, a top securities Lawyer, “ Suggested Procedures and Possible Options for Accepting Minors as Investors in EB-5 Investment...

Groups Urge EB-5 Investor Visa Program Reform - Letter to Congress

IIUSA, U.S. Chamber of Commerce, Real Estate Roundtable, EB-5 Investment Coalition, and American Immigration Lawyers Association, July 5, 2016 - "IIUSA joined leading EB-5 trade associations/coalitions ( U.S. Chamber of Commerce , Real Estate Roundtable , EB-5 Investment Coalition , and American...

Updates on Minors as Primary EB-5 Applicants, Part 2: Practical Steps (Wolfsdorf, Aug. 4, 2016)

Updates on Minors as Primary EB-5 Applicants, Part 2 : Practical Steps; Bernard P. Wolfsdorf, Esq., Joseph M. Barnett, Esq., and Vivian Zhu, Esq., Aug. 4, 2016 - "This is no longer a hypothetical issue. Due to the Chinese EB-5 backlog, some Regional Centers and projects have begun accepting minors...

What Does the October 2016 Visa Bulletin Mean for EB-5s? - Wolfsdorf

Bernard P. Wolfsdorf, Robert J. Blanco, and Joseph M. Barnett, Sept. 9, 2016 - "In the next few days, USCIS will announce whether applicants may file an application to adjust status in the U.S. if their Priority Date is current according to the later cut-off date listed in Date for Filing-Chart...

GAO on EB-5: Progress Made to Detect and Prevent Fraud, but Additional Actions Could Further Agency Efforts

GAO, Sept. 13, 2016 - "GAO recommends that USCIS develop a fraud risk profile that aligns with leading practices identified in GAO's Fraud Risk Framework. The Department of Homeland Security concurred with GAO's recommendation."

Expert: Congress May Not Have Time to Change EB-5 Investor Visa Rules - Cornell Law Prof. Stephen W. Yale-Loehr (Law360)

Allissa Wickham, Law360, Sept. 16, 2016 - "“I think that there is serious concern about the EB-5 program, and people want to make reforms. But I think that people realize that it's too much to expect that Congress can make those reforms by Sept. 30,” said Steve Yale-Loehr , an attorney...

Experts Analyze Goodlatte EB-5 Reform Bill

Carolyn S. Lee, Stephen Yale-Loehr, and Nicolai Hinrichsen, September 13, 2016 - "We provided an initial analysis and a section-by-section summary of a draft EB-5 reform bill released late on Friday, September 9, 2016, by U.S. Representative Bob Goodlatte, chair of the House Judiciary Committee...

Expert: Temporary Extension Expected for EB-5 Investor Visa Program

Paul Welitzkin, China Daily USA, Sept. 26, 2016 - "The EB-5 investor immigrant program that is popular with Chinese is expected to get a temporary extension when Congress acts on legislation to fund the operation of the US government until Dec. 9. Stephen Yale-Loehr, an attorney and Cornell University...

DOS on Conrad State 30, SR and EB-5 Visa Program Extensions (Oct. 5, 2016)

UNCLASSIFIED 16 STATE 109718, OCT 05, 2016 - "President Obama signed a 10-week stopgap continuing resolution into law on September 29, 2016 that included the extension of three visa authorizations. The extension of these visa programs will expire on December 9, 2016. The three visa programs are...

USCIS Nov. 30, 2016 EB-5 Policy Alert

USCIS, Nov. 30, 2016 - "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the eligibility requirements for regional centers and immigrant investors."

Expert: Jay Peak EB-5 Litigation 'Most Noteworty'

"Trouble at Jay Peak: SEC v. Ariel Quiros - The suit is perhaps the most high-profile case to date regarding the EB-5 visa program, which gives green cards to immigrants who invest $500,000 and create new jobs in the U.S. But the suit is far from the only controversy surrounding EB-5, as the SEC...

EB-5 ANPRM from DHS

Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 - "The Department of Homeland Security (DHS) is considering making regulatory changes to the EB–5 Immigrant Investor Regional Center Program. Based on decades of experience operating the program, DHS has determined that program...

EB-5 Investor Visa Proposed Rule

Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 - "The Department of Homeland Security (DHS) proposes to amend its regulations governing the employment-based, fifth preference (EB–5) immigrant investor classification and associated regional centers to reflect statutory changes...

Expert: Trump, Congress Can Save EB-5 Investor Visa Program

JAVIER C. HERNÁNDEZ, New York Times, Apr. 27, 2017 - "Lawmakers are discussing the EB­5 program this week as they try to reach a deal on the budget and avert a government shutdown. ... The EB-­5 program, created in 1990, allows foreigners and their immediate relatives to apply for...

Expert: Low-Cost Funds Make EB-5 Attractive to Developers

Eric Lipton, Jesse Drucker, New York Times, May 8, 2017 - "It was the first major piece of legislation that President Trump signed into law, and buried on Page 734 was one sentence that brought a potential benefit to the president’s extended family: renewal of a program offering permanent...

Expert: EB-5 Investor Visa Program Can and Should Be Reformed

NPR, May 10, 2017 - "ROBERT SIEGEL, HOST: More now on the EB-5 Immigrant Investor Visa Program. Professor Stephen Yale-Loehr teaches immigration law practice at Cornell University . He's a supporter of the EB-5 visa program, although he says Congress ought to make some changes to it. Professor...

EB-5 Green Card, Ethics and Trump - Cyrus Mehta

Cyrus Mehta, May 22, 2017 - "The EB-5 green card program for foreign investors is very much in the news due to its connection with President Trump! A series of news reports have highlighted the Kushner family’s attempt to raise funds through the EB-5 green card program from Chinese investors...

USCIS Policy Alert: Job Creation and Capital At Risk Requirements for Adjudication of Form I-526 and Form I-829

USCIS, June 14, 2017, PA-2017-01 Policy Alert SUBJECT: Job Creation and Capital At Risk Requirements for Adjudication of Form I-526 and Form I-829 Purpose U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to provide further guidance regarding the job creation...

Angelo Paparelli - The Known and Unknown Future of the EB-5 Immigrant Investment Program at USCIS and the USCIS Ombudsman

Angelo Paparelli, July 23, 2017 - "Memes, apocrypha, obfuscation, head feints, hand-wringing, and supposition: These are the misleading and unreliable stuff of the Interweb. To a great extent, alas, they also infect the EB-5 ecospace. This article will avoid conjecture and look at the few hard facts...